EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 581
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HENDERSON.
2252S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 160.077 and 701.200, RSMo, and to enact in lieu thereof one new section
relating to lead testing in schools.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 160.077 and 701.200, RSMo, are 1
repealed and one new section enacted in lieu thereof, to be 2
known as section 160.077, to read as follows:3
160.077. 1. This section shall be known and may be 1
cited as the "Get the Lead Out of School Drinking Water Act". 2
2. As used in this section, the following terms mean: 3
(1) "Department", the Missouri department of health 4
and senior services; 5
(2) "Disadvantaged school district", any school 6
district that serves students from a county in which at 7
least twenty-five percent of the households in such county 8
are below the federal poverty guidelines updated 9
periodically in the Federal Registe r by the U.S. Department 10
of Health and Human Services under the authority of 42 11
U.S.C. Section 9902(2), as amended, or any school district 12
in which more than seventy percent of students in the 13
district qualify for a free or reduced price lunch under th e 14
federal Richard B. Russell National School Lunch Act, 42 15
U.S.C. Section 1751 et seq.; 16 SB 581 2
(3) "Drinking water outlet", a potable water fixture 17
that is used for drinking or food preparation. Drinking 18
water outlet includes, but is not limited to: 19
(a) A water fountain, faucet, or tap that is used or 20
potentially used for drinking or food preparation , or 21
cleaning cooking and eating utensils ; and 22
(b) Ice-making and hot drink machines; 23
(4) "First draw", a two hundred fifty -milliliter 24
sample immediately collected from a drinking water outlet 25
that has been turned on after a stagnation period of at 26
least eight hours; 27
(5) "Parent", a parent, guardian, or other person 28
having control or custody of a child; 29
(6) "Private school", the same definition as in 30
section 166.700; 31
(7) "Public school", the same definition as in section 32
160.011; 33
(8) "Remediation", decreasing the lead concentration 34
in water from a drinking water outlet to less than five 35
parts per billion [without relying solely on flushing 36
practices, or] using methods such as the replacement of lead - 37
containing pipes, solder, fittings, or fixtures with lead - 38
free components, or filtering when the water supply is the 39
source of contamination . Flushing [as a stand alone action] 40
shall not be considered remediation; 41
(9) "School", any public school, private school, or 42
provider of an early childhood education program that 43
receives state funding. 44
3. Beginning in the 2023 -24 school year and for each 45
subsequent school year, each school shall provide drinking 46
water with a lead concentration level below five parts per 47 SB 581 3
billion in sufficient amounts to meet the drinking water 48
needs of all students and staff as provided in this section. 49
4. (1) On or before January 1, 2024, each school 50
shall: 51
(a) Conduct an inventory of all drinking water outlets 52
[and all outlets that are used for dispensing water for 53
cooking or for cleaning cooking and eating utensils ] in each 54
of the school's buildings; 55
(b) Develop a plan for testing each outlet inventoried 56
under paragraph (a) of this subdivision and make such plan 57
available to the public; and 58
(c) Upon request, provide general information on the 59
health effects of lead contamination and additi onal 60
informational resources for employees and parents of 61
children at each school. 62
(2) Each school shall make buildings housing early 63
childhood education programs, kindergartens, and elementary 64
schools the priority when complying with paragraphs (a) and 65
(b) of subdivision (1) of this subsection. 66
(3) Before August 1, 2024, or the first day on which 67
students will be present in the building, whichever is 68
later, each school shall: 69
(a) Perform all testing as required by subsection 5 of 70
this section and within two weeks after receiving test 71
results, make all testing results and any lead remediation 72
plans available on the school's website; 73
(b) Remove and replace any drinking water coolers or 74
drinking water outlets that the United States Environmental 75
Protection Agency has determined are not lead -free under the 76
federal Lead Contamination Control Act of 1988, as amended; 77
except the school shall not be required to replace those 78
drinking water outlets or water coolers that tested u nder 79 SB 581 4
the requirements of this section and have been determined to 80
be dispensing drinking water with a lead concentration less 81
than five part per billion; however, such drinking water 82
outlet or water cooler shall be subject to all testing 83
requirements and shall not be excluded from testing under 84
subsection 10 of this section. 85
(4) If testing indicates that the water source is 86
causing the contamination and until such time that the 87
source of the contamination has been remediated, the school 88
shall: 89
(a) Install a filter that reduces lead in drinking 90
water at each point at which the water supply enters the 91
building in accordance with any relevant requirements set 92
forth by the department of natural resources, to ensure lead 93
concentrations are below the standard set in subsection 3 of 94
this section; 95
(b) Install a filter that reduces lead in drinking 96
water on each water outlet inventoried under paragraph (a) 97
of subdivision (1) of this subsection to ensure lead 98
concentrations are below five parts per billion; or 99
(c) Provide purified water at each water outlet 100
inventoried under paragraph (a) of subdivision (1) of this 101
subsection. 102
(5) If testing indicates that the internal building 103
piping is causing the contamination and unt il such time that 104
the source of the contamination has been remediated, the 105
school shall: 106
(a) Install a filter that reduces lead in drinking 107
water on each water outlet inventoried under paragraph (a) 108
of subdivision (1) of this subsection to ensure lead 109
concentrations are below five parts per billion; [or] 110 SB 581 5
(b) Provide purified water at each water outlet 111
inventoried under paragraph (a) of subdivision (1) of this 112
subsection; or 113
(c) Remove the outlet from service . 114
(6) If a pipe, solder, fitting, or fixture is replaced 115
as part of remediation, the replacement shall be lead free, 116
as such term is defined in 40 CFR 143.12, as amended. 117
(7) If a test result exceeds five parts per billion, 118
the affected school shall: 119
(a) Contact parents and staff via written notification 120
within seven business days after receiving the test result. 121
The notification shall include at least: 122
a. The test results and a summary that explains such 123
results; 124
b. A description of any remedia l steps taken; and 125
c. A description of general health effects of lead 126
contamination and community specific resources; and 127
(b) Provide bottled water if there is not enough water 128
to meet the drinking water needs of the students, teachers, 129
and staff. 130
(8) School districts shall submit such annual testing 131
results to the department. 132
(9) This subsection shall not be construed to prevent 133
a school from conducting more frequent testing than required 134
under this section. 135
5. (1) Before August 1, 2024, or the first day on 136
which students will be present in the building, whichever is 137
later, and annually thereafter, each school shall conduct 138
testing for lead by first -draw and follow-up flush samples 139
of a random sampling of at least tw enty-five percent of 140
remediated drinking water outlets until all remediated 141
sources have been tested as recommended by the 2018 version 142 SB 581 6
of the United States Environmental Protection Agency's 143
Training, Testing, and Taking Action program. The testing 144
shall be conducted and the results analyzed for both types 145
of tests by an entity or entities approved by the 146
department. All drinking water outlets with test results 147
less than five parts per billion for lead shall be retested 148
at intervals described in subdivision (3) of this subsection. 149
(2) If, in the ten years prior to the 2023 -24 school 150
year, a fixture tested above five parts per billion for 151
lead, such fixture does not need to be repeat tested for 152
lead, but instead remediation shall begin on such fixture. 153
(3) A school that tests and does not find a drinking 154
water outlet with a lead concentration above the standard 155
described in subsection 3 of this section shall be required 156
to test only every five years. This subdivision shall not 157
be construed to prevent a school from conducting more 158
frequent testing than required under this section. 159
6. (1) In addition to the apportionments payable to a 160
school district under chapter 163, the department of natural 161
resources, with support from the department of elementary 162
and secondary education and the department of health and 163
senior services, is hereby authorized to apportion to any 164
school additional funding for the filtration, testing, and 165
other remediation of drinking water systems requ ired under 166
this section, subject to appropriation. 167
(2) To the extent permitted by federal law, a school 168
district may seek reimbursement or other funds for 169
compliance incurred under this section under any applicable 170
federal law including, but not limited to, the America's 171
Water Infrastructure Act of 2018 and the Water 172
Infrastructure Finance and Innovation Act of 2014, 33 U.S.C. 173
Section 3901 et seq. 174 SB 581 7
(3) Disadvantaged school districts shall receive 175
funding priority under this subsection. 176
7. The department, in conjunction with the department 177
of elementary and secondary education, shall publish a 178
report biennially based on the findings from the water 179
testing conducted under this section. Such report shall be 180
published on the departm ent of natural resources website. 181
8. For public schools, the department shall ensure 182
compliance with this section. Each school district shall be 183
responsible for ensuring compliance within each school 184
within the school district's jurisdiction. 185
9. [No school building constructed after January 4, 186
2014, as provided in the federal Reduction of Lead in 187
Drinking Water Act (42 U.S.C. Section 300g -6), as amended, 188
shall be required to install, maintain, or replace filters 189
under paragraph (c) of su bdivision (1) of subsection 4 of 190
this section. 191
10. A school that tests and does not find a drinking 192
water source with a lead concentration above the acceptable 193
level as described in subsection 3 of this section shall be 194
required to test only ever y five years. 195
11.] The department may promulgate all necessary rules 196
and regulations for the administration of this section. Any 197
rule or portion of a rule, as that term is defined in 198
section 536.010, that is created under the authority 199
delegated in this section shall become effective only if it 200
complies with and is subject to all of the provisions of 201
chapter 536 and, if applicable, section 536.028. This 202
section and chapter 536 are nonseverable and if any of the 203
powers vested with the general assembly pursuant to chapter 204
536 to review, to delay the effective date, or to disapprove 205
and annul a rule are subsequently held unconstitutional, 206 SB 581 8
then the grant of rulemaking authority and any rule proposed 207
or adopted after August 28, 2022, shall be invalid and void. 208
[701.200. 1. Subject to appropriations, 1
each school district, as such term is defined in 2
section 160.011, may test a sample of a source 3
of potable water in a public school building in 4
that district serving student s under first grade 5
and constructed before 1996 for lead 6
contamination in accordance with guidance 7
provided by the department of health and senior 8
services. The school district may submit the 9
samples to a department -approved laboratory for 10
analysis for lead and provide the written 11
sampling results to the department within seven 12
days of receipt. 13
2. The department shall develop guidance 14
for schools in collecting and testing first -draw 15
samples of potable water. The department shall 16
develop and make publicly available a list of 17
approved laboratories for lead analysis. 18
3. If any of the samples taken in the 19
building exceed current standards for parts -per- 20
billion of lead established by the United States 21
Environmental Protection Agency, the school 22
district shall promptly provide individual 23
notification of the sampling results, by written 24
or electronic communication, to the parents or 25
legal guardians of all enrolled students and 26
include the following information: the 27
corresponding sampling location within the 28
building and the U.S. Environmental Protection 29
Agency's website for information about lead in 30
drinking water. If any of the samples taken in 31
the building are at or below five parts -per- 32
billion, notification may be made as provided in 33
this subsection or by posting on the school's 34
website. 35
4. The department may promulgate rules and 36
regulations necessary to implement the 37
provisions of this section. Any rule or portion 38
of a rule, as that term is defined in section 39
536.010, that is created under the authority 40
delegated in this section shall become effective 41 SB 581 9
only if it complies with and is subject to all 42
of the provisions of chapter 536 and, if 43
applicable, section 536.028. This section and 44
chapter 536 are nonsev erable and if any of the 45
powers vested with the general assembly pursuant 46
to chapter 536 to review, to delay the effective 47
date, or to disapprove and annul a rule are 48
subsequently held unconstitutional, then the 49
grant of rulemaking authority and any r ule 50
proposed or adopted after August 28, 2020, shall 51
be invalid and void. 52
5. As used in this section, the term 53
"source of potable water" shall mean the point 54
at which nonbottled water that may be ingested 55
by children or used for food preparation exits 56
any tap, faucet, drinking fountain, wash basin 57
in a classroom occupied by children or students 58
under first grade, or similar point of use; 59
provided, that all bathroom sinks and wash 60
basins used by janitorial staff are excluded 61
from this definition.] 62